This court allowed a bail application for the applicant accused of cheating and forgery. The court found the case fit for bail based on overall facts, nature of allegations, and gravity of the offence without expressing an opinion on merits.
Bail allowed; applicant to be released on furnishing a personal bond and two reliable sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8855 of 2019
Applicant :- Govind Tiwari Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Kumar Shukla,Satyam Shivam Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant Govind Tiwari in connection with Case Crime No. 423 of 2018, under Sections 419, 420, 467, 468, 471, 409 IPC, P.S. Kotwali Padrauna, District Kushinagar.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case and he was not named in the FIR and his name came into light during investigation and a bank account was found opened on which the photo of the present accused is annexed. He further submitted that the co-accused-Hidayatullah, Ramapati Mishra and Praduman Vishwakarma have already been enlarged on bail vide orders dated 24.01.2019, 06.02.2019 and 16.01.2019 passed by the another Bench of this Court in Criminal Misc. Bail Application Nos. 3229 of 2019, 5148 of 2019 and 1916 of 2019. Lastly he submitted that the applicant is languishing in jail since 07.12.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned AGA has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Govind Tiwari be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the
satisfaction of the court concerned subject to the following conditions
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 3.7.2019 Ujjawal
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of false implication and inability of co-accused.
Whether this constitutes a fit case for granting bail despite the gravity of the offences.
6 provisions across 1 enactments
Govind Tiwari
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
